a provision contained in a lease of studio' facilities stating that the tenant agreed “to save [the landlord] harmless from all .:. damage ... and/or liability ... imposed upon [the landlord] by reason of injury ... to ... any ... person ... arising out of and in connection with the use by [the tenant] of [the leased] premises ...” held insufficient to constitute an indemnification against the landlord’s own negligence
How later courts described this case
- a provision contained in a lease of studio' facilities stating that the tenant agreed “to save [the landlord] harmless from all .:. damage ... and/or liability ... imposed upon [the landlord] by reason of injury ... to ... any ... person ... arising out of and in connection with the use by [the tenant] of [the leased] premises ...” held insufficient to constitute an indemnification against the landlord’s own negligence
- “The reciprocal rights and duties of several insurers who have covered the same event do not arise out of contract, for their agreements are not with each other”
Written by the judges who cited it.
The opinion
BRAY, J.
Motion by respondents to dismiss appeal on ground of failure of appellants to file opening brief. Motion by appellants to stay appeal.
A complete history of the proceedings in this matter is set forth in Estate of Doran, No. 17513, this day decided (see Estate of Doran, ante, p. 230 [ 316 P.2d 83 ].)
For the reasons set forth in said decision the motion to stay appeal is denied and the motion to dismiss is granted.
Peters, P. J., and Wood (Fred B.), J., concurred.